Pinedo v. Netflix Studios, LLC et al

Filing 27

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting 26 Motion to Adjourn Conference. Do all parties consent to trial by a Magistrate Judge under 28 U.S.C. § 636(c)? No. This case is to be tried to a jury. Amended Pleadings due by 4 /7/2020. Joinder of Parties due by 4/7/2020. Fact Discovery due by 6/30/2020. Depositions due by 6/30/2020. The next Case Management Conference is scheduled for 7/10/20 at 10:00 a.m. SO ORDERED. (Signed by Judge Victor Marrero on 2/18/2020) (ks)

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Case 1:19-cv-07722-VM

Document 26-1

DOCUMENT

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

ELECTRONICALLY FILED

-------------------------------------------X

ooc #:. ____- ......_,_-r-,<~'--...-

NICOLE PINEDO,

DATE FILED:._-~---I----'·
Plaintiff,
19 Civ. 7722 (VM)

- against -

CIVIL CASE MANAGEMENT PLAN
AND SCHEDULING ORDER

NETFLTX STIJDIOS, LLC, et al.,
Defendants.

---------------------------------·--- ----------------X
This Scheduling Order and Case Management Plan js adopted in accordance with Fed. R. Civ. P. 16-26(t).
1.

This case@<is not) to be tried to a jury: [circle one]

2.

Joinder of additional parties to be accomplished by April 7, 2020

3.

Amended pleadings may be filed without leave of the Court until April 7, 2020

4.

Initial disclosure pursuant to Fed. R. Civ. P. 26(aXl) to be completed within fourteen (14) days of the date of
the parties' conference pursuant to Rule 26(f),
specifically by not later than
March 17 2018

5.

All fact discovery is to be completed either:
a.

Within one hundred twenty (120) days of the date of this Order, specifically by not later than
· or

_fu_M.Jl).....]JUO
b.

6.

Within a period exceeding 120 days, with the Court's approval, if the case presents unique
complexities or other exceptional circumstances, specificaliy by not later than _ _ _ _ _ _.

The parties are to conduct discovery in accordance with the Federa.l Rules of Civil Procedure and the Local
Rules of the Southern District of New York. The following interim deadlines may be extended by the parties
on consent without application to the Court, provided the parties are cer1ain that they can still meet the
discovery completion date ordered by the Court.
!\larch 24 , 2 0 2 0

a.

Initial requests for production of documents to be served by

b.

Interrogatories to be served by all party by _ _ M_ar_c_h_24_,_2_0_2_0_ _ _ _ _ _ __ _ __
·
_

C.

Depositions to be completed by ___J_u_n_e_3_0 ,_2_0_2_0 _ _ _ _ _ _ _ _ _ _ _ _ __
_
_
1.

Unless the parties agree or the Court so orders, depositions are not to be held until all parties.
have responded to initial requests for document produc.tion.

ii.

Depositions of all parties shall proceed during the same time.

UL

Unless the parties agree or the Court so orders, non-party depositions shall follow party
depositions when possible.

-

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d.

Any additional contemplated discovery activities and the anticipated completion date:

NIA

e.
7.

Requests to Admit to be served no later than _A~p..._1_·il~l,~2_0_2_0 _ _ _ _ _ _ __
_

All expert discovery (ordinarily conducted following the completion of fact discovery) including parties'
expert reports and depositions, witness lists and identification of documents pursuant to Fed. R. Civ. P .
26(a)(2), (3) and 35(b), is to be completed by:

a.
b.

8.

Plaintiff _ _ _
TI_1_e_p_ai_·t_ie_s_d_o_n_ot_co_n_t_em_p_la_t_
e_e_x_p_ert_cl_i_sc_
·o_v_e_ry__a_tt_h_ _ti_m_e_____
.
i_s
.
Defendant _ _ _ __ _ _ __ _ _ _ __ _ _ _ _ _ _ __ _ _ __ _ __

Contemplated motions:

a. Plaintiff:
b. Defendant:

Motion for summary judgment at the conclusion of discoverv
Motion for summary judgment at the conclusion of discovery.

9.

Following all discovery, all counsel must meet for at least one hour to discuss se11lcment~ such conference to
be held by not later than __
Ju_l_v_2_8 2_ 2_0_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
~,_ 0_

10.

Do all parties consent to trial by a Magistrate Judge under 28 U.S.C. § 636(c)'!

Yes - - - - -

No

X

----------

___ _____________________________ ________
_
_
.,.,.

,..

,

TO BE COMPLETED BY TIIE COURT:
11.

The next Case Management Conference is scheduled for

7-1t?,- :)-€)

d ;tJ.·m tt 'I i(

In the event the case is to proceed to trial, a firm trial date and the deadline for submission of the Joint Pretrial
Order and related documents shall be scheduled at the pretrial conference following either the completion of all
discovery or the Court's ruling on any dispositive. motion.
The Joint Pretrial Order should be prepared in accordance with Judge Marrero's Individual Prdctices. Jfthis
action is to be tried before a jury, proposed voir dire and jury instr uctions shall be filed with the Joint Pretrial Order.
No motion for summary judgment shall be served after the deadline fixed for the Joint Pretrial Order.

SO ORDERED:
DATED:

-2-

Ballard Spaly16i5

Broadway, 19ch Floor

New York, NY

wor9-5810

TEL 212.223,0200
FA.X :2.J2..:22J.I942

Thomas Sullivan
Tel: [phone]
Fax: [phone]
[e-mail]

www.ballardspahr.com

February 13, 2020

By Electronic Filing

Hon. Victor Marrero
U.S. District Judge
Suite 1040
United States Courthouse
500 Pearl Street
New York, New York 10007
Re:

Pinedo v. Netflix Studios, LLC and Jerry Media LLC, No. 19 Civ. 7722 (VM)

Dear Judge Marrero:
We represent Defendants Netflix Studios, LLC and Jerry Media LLC ("Defendants") in this matter.
By order issued yesterday (Dkt. 25), the Court adjourned the initial conference in this case,
previously scheduled for February 14, 2020, to February 28, 2020 at 4:00 p.m. Because I will be
travelling out of the country that day, we write pursuant to Rule l(F) of this Court's Individual
Practices to request the adjournment of the conference. This is Defendants' first request for an
adjournment of this conference. Plaintiff's counsel has consented to this request.
Because the adjourned initial conference would defer the start of discovery, the parties have
conferred on proposed adjusted dates. A revised proposed case management plan is attached to this
correspondence for the Court's review.
Counsel for all parties are available on any date between March 3 and March 6 if such a date would
be convenient for the Court

Respectfully submitted,

Thomas B. Sullivan
cc:

Richard Liebowitz, Esq., counsel for Plaintiff (via email)